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Berlin Town Board Action – Don’t Bite That Tire!

December 19, 2014 By eastwickpress

by Kieron Kramer

The tail end of the lingering snowstorm on Tuesday and Wednesday, December 9 and 10, had its effect on the Berlin Town Board meeting on Thursday, December 11. Not only was attendance at the meeting dampened but Jim Winn, who is Berlin Highway Superintendent as well as the Supervisor of Water District #2, missed the meeting because he was either still out on the roads tidying up the plowing and sanding in Town, or, as Town Supervisor Rob Jaeger said, he was recovering from his prodigious efforts. Board Member John Winn, who works for the State Highway Department, also missed the meeting, presumably for the same reason. Because Jim Winn was absent there was no Water District #2 or Highway Department report.

[private]Dog Tales And Entailments

When there is not much to talk about at the Berlin meeting you can always count on dogs. Dog Control Officer Doug Goodermote reported that the kennel had been inspected and that the lady inspector informed him that he must charge an entailment whenever he picks up a dog unless the Town Board has passed an ordinance waiving the entailment.

Goodermote gave an example of why he was opposed to charging an entailment. He had been called about a dog that was reported acting lost on Green Hollow Road. Goodermote picked up the dog and recognized the dog, who was only 100 feet from his house. “How would that guy like it to pay an entailment fee?” he asked. Once in a while you pick up the same dog three or four times because it has a bad owner, he said. Board Member Steve Riccardi said, “You are asking that we waive the entailment fee at your discretion.” To which Goodermote replied, “I’ve never charged anybody anything; I do it because I like to do it.” “You are a very generous man,” Riccardi replied. “I can’t see charging people to return their dogs from three houses away when if I didn’t pick it up the dog would go home,” Goodermote concluded.

Goodermote said that the State inspector informed him that the Board can just add an ordinance to the other dog ordinances without making it a local law that would require a public hearing. Jaeger said that the Board could pass a resolution if the inspector is right. “Let’s take it under advisement and add it to old business next month.

Goodermote said that he had been in Court for a dog case the evening before this meeting but wouldn’t comment further. He also told the story of a call from a young man at the south end of Town on Route 22 who said that a Rottweiler was biting his tires. Goodermote told him to leave the Rottweiler alone and it would go home. Presumably, the car was parked or the owner would have heard a “thump, thump, thump.”

Abandoned And Deteriorating Buildings

Code Enforcement Officer Allan Yerton reported that the Bardis apartments next to the W.J. Cowee complex are in bad shape. They are owned by Mr. Snow, an absentee landlord with whom Yerton and the Board have had dealings about other buildings in Town. Yerton said that he “was getting ready” to send a letter to Snow regarding the condition of the building and requesting that the defects be remedied by the end of the year. Yerton wanted the Board to be forewarned since Snow has in the past argued his case at Board meetings.

The condemned building on the north side of Elm Street west of Route 22 as it looked in September. It is owned by the County in lieu of taxes but has not yet been razed. (Kieron Kramer photo)
The condemned building on the north side of Elm Street west of Route 22 as it looked in September. It is owned by the County in lieu of taxes but has not yet been razed. (Kieron Kramer photo)

At this point the discussion turned to properties that had been foreclosed by banks. Yerton said that some properties were foreclosed almost two years ago. “Some, like the old post office and one on Green Hollow Road are standing but deteriorating,” he said. He has been trying to contact the banks about these properties but to no avail.

Doug Feathers, who lives on Green Hollow Road, has been trying to acquire the foreclosed property across the road from him. He said he had spent two hours on the phone with U.S. Bank and could get nowhere. He also contacted the attorney for the previous owner, Mr. Kelly, who actually still has title, and got better information. He found out that the property is still priced at $112,500 and that the foreclosure procedure had been dismissed six years ago but that the mortgage paper had been sold from bank to bank.

“You can’t even find out who to take action against,” Yerton said. He said that he can’t talk to the County about razing the building on Elm Street that it has possessed in lieu of taxes because the County has no money to tear down condemned buildings. And Yerton added, “Once you go four seasons without heat or maintenance, they lose such value.” “They just write it off,” Board Member Tara Fisher said, “They figure they’ll never get their money back so they let it go.” Goodermote said that there are two foreclosed buildings in Cherry Plain. Jaeger said that there are at least ten in Town. “The banks won’t admit that they even have the property,” he said, “It’s a grey zone we can’t touch. We can’t solve that.”

It his report Yerton also mentioned the NYS Code Enforcement Disaster Assistance Response Program (CEDAR). Code enforcement officers from all over the State are asked to be available in natural disasters, like super storm Sandy, to go to the affected area to verify the safety of buildings. Yerton said that he had volunteered to go to Buffalo but was not needed.

Planning Board Action 

Planning Board Chair Pam Gerstel reported on a public hearing held on Thursday, the week before this meeting, regarding a subdivision application by Don French Jr. French was represented by surveyor Fred Haley from Stephentown. The subdivision was approved. There are a couple more subdivision applications coming up, she said. Gerstel said that she will be away in January, February and most of March so Planning Board business will be handled by Deputy Chair Frank Mace. The meetings will be at 6:30 pm instead of 6 because of his work schedule.

Transfer Station News

As usual Transfer Station Head Attendant Ivan Wager said, “Everything is going good at the transfer station.” The station was recently visited by the NYS Department of Environmental Conservation. This was the first inspection at the station since Wager has been there, he said. That’s quite a long time. The “very nice lady” walked around and went through everything – tires, etc., Wager said. “Everything was satisfactory,” Wager said.

There will be changes in the way plastic is collected at the station when the Town’s new hauling and recycling vendor change takes effect on January 1. The station will then be able to take all plastic items which will be hauled away loose in an open top container. Wager said that he would sort out this change and others caused by the change in vendors in January. He thinks that all kinds of plastic can be accepted, type 1 through 5, and “we won’t have to stand there and sort them.” The new vendor is giving us a lot more flexibility, he said. Wager will be going away for a couple of months in the winter, as usual, and he wants to get some things organized before he leaves. The rest can wait until later in the year, he said.

Tax Exemption Notifications

It was reported that notifications regarding property tax exemptions had been sent out. Some went to automatic renewals; some were sent to those needing a notice to file and some went to folks needing an agricultural exemption.

Economic Growth?

Apparently $60 million has been earmarked for the Capital District Center for Economic Growth. Supervisor Jaeger said he had received correspondence from County Executive Kathy Jimino and Gary McCarthy asking if Berlin wanted to be part of the application process for some of the funds. It would cost Berlin $250 to join in, and it’s a long shot. Board Member Tara Fisher said, “I don’t want to spend that.” Jaeger mused, “If we could get some of the $60 million….” No decision was made at this meeting regarding the CEG offer.

Board Actions

The Board decided to give over lead agency status to the DEC in the gravel mine permit renewal by the D&M Gravel mine, formerly the site of the old Hoffman mine, and passed a resolution to that effect. The DEC has more resources to be the lead agency, Jaeger said, and added, “This takes it out of our hands.”

Jaeger asked the Board to approve the renewal of the lease with the County for garage space at the Municipal Complex at the same rate as in 2014. He wants to get the $6,000 right away; the County pays up front.

The Board reappointed Debby Sweeney to the Planning Board for a five year term.

The Board reappointed Dave Sicko to the Zoning Board of Appeals.

The Board agreed to have Supervisor Jaeger apply to the new consortium set up by the Association of Towns to purchase electricity together to try to get savings for the towns on those bills. It is called the Municipal Energy Program. The Association of Towns insurance consortium saved Berlin money last year; this works the same way. So far 140 towns have joined.

The Board scheduled Settlement Night for Tuesday, December 30, at 7 pm. Department Heads must get their bills in on Monday, December 29.

Town Attorney Don Tate arrived, this time before the meeting was over, at 8:10 pm, and the Board went into an executive session with him for 18 minutes. The Berlin Board has been having an executive session during every meeting lately without really giving the public the topic under discussion. They said, “For legal matters,” which could cover a multitude of sins. Many times last year the sessions were to discuss Union negotiations – which makes sense, but what is going on now?

Happy Holidays

Two minutes after the Board reconvened it adjourned wishing everyone Merry Christmas and a “nice holiday.”[/private]

Filed Under: Berlin, Front Page, Local News

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